Apple's Bid to Disqualify Antitrust Compliance Monitor Rejected - MacRumors
Skip to Content

Apple's Bid to Disqualify Antitrust Compliance Monitor Rejected

by

ibooks-iconThe U.S. Court of Appeals for the Second Circuit in New York today rejected Apple's bid to disqualify antitrust compliance monitor Michael Bromwich, who was appointed to watch the company since it was found liable of conspiring with publishers to fix e-book prices a few years ago, reports Reuters.

"The 2nd U.S. Circuit Court of Appeals in New York said a lower court judge did not abuse her discretion in rejecting Apple's bid to disqualify Michael Bromwich as monitor, even though some of the company's allegations against him 'give pause.'"

In July 2013, Apple lost a significant e-book antitrust case that found the company to have colluded with publishers to raise the price of e-books. As a result, Apple was forced to submit to an external antitrust compliance monitor and $450 million fine as part of a settlement with several class action lawyers and state district attorneys. Last December, the lawsuit entered appeals court as Apple's attempt to overturn the ruling.

Top Rated Comments

Rocketman Avatar
149 months ago
I guess the appeals process is sufficiently opaque we will not see the result until a judge announces it. But to have Apple judged as "per se illegal" going in (of anti-trust), when Amazon had a 90% market share, and the book vendors were complaining about losing pricing rights to their own products, does not pass the smell test.

What Amazon did was akin to dumping.

That is per se illegal in this country.

Rocketman
Score: 7 Votes (Like | Disagree)
BigInDallas Avatar
149 months ago
What I always end up wondering with judgements involving hefty fines....in this case just under half a billion....is just where the hell does that money go???

Does it go to benefit anyone, a process, or just does it end up in some government slush fund?

it depends who wins the case. If Apple wins the case they quickly transfer it to off shore account in Ireland to avoid taxes:p
Score: 5 Votes (Like | Disagree)
CarlJ Avatar
149 months ago
So, deciding guilt ahead of time (because "innocent until proven guilty" is so old-fashioned), then picking your unqualified friend as overseer, and allowing him to charge outrageous rates for himself, plus a subordinate he hired who has at least some grasp of the subject matter (that your "expert" friend needs explained to him), and letting them demand meetings with various high-up company employees who had no connection whatsoever to the matter at hand (because that'll make him feel important), poking his nose in everywhere and generally conducting a witch hunt trying to find *something* to complain about...

That "gives pause"? But isn't illegal? Their response feels a bit like, "well, look, he's a good boy, and at least he hasn't killed anyone." And yet it's Apple that has done wrong (by trying to help the publishers break Amazon's monopolistic stranglehold on the industry), and not the prejudging judge and her "expert" friend.

smh.
Score: 5 Votes (Like | Disagree)
realeric Avatar
149 months ago
As a result, ebook price is going up. US government is protecting amazon, not consumers.
Score: 5 Votes (Like | Disagree)
149 months ago
……... then picking your unqualified friend as overseer, and allowing him to charge outrageous rates for himself, plus a subordinate he hired who has at least some grasp of the subject matter (that your "expert" friend needs explained to him), and letting them demand meetings with various high-up company employees who had no connection whatsoever to the matter at hand

This is the most important part for me. It just screams 'conflict of interest'.
Score: 3 Votes (Like | Disagree)
69Mustang Avatar
149 months ago
As a result, ebook price is going up. US government is protecting amazon, not consumers.

This is pretty uninformed. E-Book pricing has increased because Amazon recently re-signed contracts with the major publishers. Those contracts allow the publishers to set the price; not Amazon. Amazon's preferred e-book pricing is still $9.99. Amazon has even provided incentives to the publishers for keeping the prices lower.

The page now reads: This price was set by the publisher.

http://www.amazon.com/Wright-Brothers-David-McCullough-ebook/dp/B00LD1RWP6/ref=tmm_kin_swatch_0?_encoding=UTF8&sr=1-1&qid=1432830787

This is what we wanted right? We were clamoring to pay the $13 for e-books from the iBooks store. Now we can pay $13 everywhere. That's what I call a win-win.:rolleyes:
Score: 3 Votes (Like | Disagree)

Popular Stories

Apple vs DOJ Feature

Developers Question Scope of Potential Apple Antitrust Settlement

Friday October 16, 2026 6:41 am PDT by
Developers are questioning whether a settlement of the U.S. government's antitrust case against Apple would meaningfully loosen the company's control over the iPhone, according to The Information. The report highlights PayPal and Epic Games among the companies that have raised concerns with the Department of Justice (DOJ). Officials have reportedly indicated that they favor a negotiated...
iphone duo screen crack in store

Crackgate? iPhone Duo Owners Report Screens Breaking Along the Hinge

Friday October 23, 2026 11:05 am PDT by
Some iPhone Duos are already experiencing hinge issues that cause display cracks, based on photos shared on Reddit and the MacRumors forums. Almost all of the display faults are right along the hinge, and most result in a line of bright pixels across one side of the screen. An iPhone Duo owner in Australia said his device cracked after being opened fewer than 20 times, and there was no...
Apple Music iPod Page Not Found

Apple Music Has a Hidden iPod You Can Play With

Friday October 23, 2026 7:11 am PDT by
Apple Music has a 404 page easter egg on the web: a functional iPod that appears when you load a page that does not exist, such as music.apple.com/macrumors. "Page Not Found," says Apple. "Give this a spin instead." Apple is clever with this. If you navigate to music.apple.com/ipod instead, the page says "Looking for something?" instead of "Page Not Found." The easter egg is only...
Latest Stories
Apple Wants to Fix Safari's Cramped Layout on iPhone Duo
Apple Wants to Fix Safari's Cramped Layout on iPhone Duo
3 hours ago
Instagram Launches Apple TV App With Reels and More
Instagram Launches Apple TV App With Reels and More
4 hours ago
Apple's 'Servant' Copyright Lawsuit Win Upheld on Appeal
Apple's 'Servant' Copyright Lawsuit Win Upheld on Appeal
4 hours ago
'Arguably Better Than Face ID': the iPhone Duo Touch ID Tip to Try
'Arguably Better Than Face ID': the iPhone Duo Touch ID Tip to Try
8 hours ago
Verizon Apologizes for iPhone Duo Pre-Order Delays, Giving Customers $100 Gift Card
Verizon Apologizes for iPhone Duo Pre-Order Delays, Giving Customers $100 Gift Card
14 hours ago
Skip the Touch ID Scan: Unlock iPhone Duo With Apple Watch
Skip the Touch ID Scan: Unlock iPhone Duo With Apple Watch
14 hours ago
iPhone Duo Fails JerryRigEverything's Dusty Durability Test
iPhone Duo Fails JerryRigEverything's Dusty Durability Test
14 hours ago
Make iPhone Duo Volume Buttons Follow Screen Rotation
Make iPhone Duo Volume Buttons Follow Screen Rotation
16 hours ago
iPhone Duo Teardowns Reveal Two Batteries and More
iPhone Duo Teardowns Reveal Two Batteries and More
17 hours ago
M5 MacBook Air Returns to Prime Day Low With $200 Amazon Discount
M5 MacBook Air Returns to Prime Day Low With $200 Amazon Discount
18 hours ago
Top Stories: Apple 'Pro and Tell' Debut, iPhone Duo Launch, and More
Top Stories: Apple 'Pro and Tell' Debut, iPhone Duo Launch, and More
19 hours ago
Apple Store Pickup System for iPhone Duo Just Went Live Again in U.S. and Canada
Apple Store Pickup System for iPhone Duo Just Went Live Again in U.S. and Canada
20 hours ago
Apple Closes French Stores Ahead of Further Protests
Apple Closes French Stores Ahead of Further Protests
1 day ago
Apple Pushes Back on DOJ Request for More Evidence
Apple Pushes Back on DOJ Request for More Evidence
1 day ago
The iPhone Duo Can Be a Tiny Mac, a Toaster, and a Nintendo DS
The iPhone Duo Can Be a Tiny Mac, a Toaster, and a Nintendo DS
1 day ago
Using an Apple Pencil With the iPhone Duo: What to Know
Using an Apple Pencil With the iPhone Duo: What to Know
1 day ago
Apple Store Pickup for iPhone Duo Starting to Resume But Very Limited
Apple Store Pickup for iPhone Duo Starting to Resume But Very Limited
2 days ago
iPhone Duo Jailbroken on Launch Day
iPhone Duo Jailbroken on Launch Day
2 days ago
Apple Seeds Updated watchOS 27.2 Release Candidate
Apple Seeds Updated watchOS 27.2 Release Candidate
2 days ago
Apple Store in UK Reopens With New Design on iPhone Duo Launch Day
Apple Store in UK Reopens With New Design on iPhone Duo Launch Day
2 days ago
Crackgate? iPhone Duo Owners Report Screens Breaking Along the Hinge
Crackgate? iPhone Duo Owners Report Screens Breaking Along the Hinge
2 days ago
iPhone Duo Brings Back Long Lines at Apple Stores
iPhone Duo Brings Back Long Lines at Apple Stores
2 days ago
The MacRumors Show: iPhone Duo Arrives, Touchscreen MacBooks Next
The MacRumors Show: iPhone Duo Arrives, Touchscreen MacBooks Next
2 days ago
Apple Released iOS 27.1 for iPhone Duo Only
Apple Released iOS 27.1 for iPhone Duo Only
2 days ago
iPhone Duo: Open Two Apps Side by Side and Lock Them As an App Pair
iPhone Duo: Open Two Apps Side by Side and Lock Them As an App Pair
2 days ago
iPhone Duo Launches With Carrier and Accessory Discounts Available
iPhone Duo Launches With Carrier and Accessory Discounts Available
2 days ago
Apple Music Has a Hidden iPod You Can Play With
Apple Music Has a Hidden iPod You Can Play With
2 days ago
iPhone Duo Says 'Hello' to You Personally
iPhone Duo Says 'Hello' to You Personally
2 days ago
iPhone Duo: How to Skip the Swipe Up After Touch ID
iPhone Duo: How to Skip the Swipe Up After Touch ID
2 days ago
Where to Buy iPhone Duo Today: Stores, Pickup, and Wait Times
Where to Buy iPhone Duo Today: Stores, Pickup, and Wait Times
2 days ago